-- JonathanMo - 14 Sep 2015

Account of profits

Again, this is provided for in section 115(2) of the CA. This is an equitable remedy which requires the defendant to give up the profits they have made from the unauthorised use of the plaintiff's property. The plaintiff's loss (the basis for damages) may be either less or more than the defendant's gain (basis for account of profits). Note that the estimation by the court of an account of profits may be a difficult exercise, particularly when the defendant legitimately seeks to offset against its direct profit, its general overheads and other expenses related to making the profit.